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Home My WebLink About10547 ORD - 11/03/197177- G- [I:JKH TEXAS: i AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A FIVE -YEAR IRRIGATION CONTRACT WITH JOHN H. MILLER AND JOHN H. MILLER, JR. FOR THE SALE OF IRRIGATION WATER TO BE USED ON THE LANDS FORMERLY OWNED BY AUBREY GERALD PETERSON AND BY RUTH PETERSON, WHICH ARE ADJACENT TO LAKE CORPUS CHRISTI, NEAR GEORGE WEST, ALL AS IS MORE FULLY SET FORTH IN THE CONTRACT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A "; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, SECTION 1. THAT THE CITY MANAGER BE, AND HE IS HEREBY, AUTHORIZED AND DIRECTED TO EXECUTE A FIVE -YEAR IRRIGATION CONTRACT WITH JOHN H. MILLER AND JOHN H. MILLER, JR., FOR THE SALE OF IRRIGATION WATER TO BE USED ON THE LANDS FORMERLY OWNED BY AUBREY GERALD PETERSON, BEING A 46.2-ACRE TRACT OUT OF THE JAMES MCGLOIN SURVEY A -25, KNOWN AS SHARE NO. 3, AND FOR THE SALE OF IRRIGATI'O'N WATER TO BE USED ON THE LANDS FORMERLY OWNED BY RUTH PETERSON, BEING 46.2 ACRES OUT OF THE JAMES MCGLOIN SURVEY A -25, WHICH ARE LOCATED ADJACENT TO LAKE CORPUS CHRISTI, NEAR GEORGE WEST, TEXAS, ALL AS IS MORE FULLY SET FORTH IN THE CONTRACT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A ". SECTION 2. THE NECESSITY TO AUTHORIZE THE AFORESAID CONTRACT IN ORDER THAT THE IRRIGATION OF THE AFORESAID LANDS MAY BE BEGUN AT THE EARLIEST PRACTICABLE DATE CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPEN- SION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION BUT THAT SUCH ORDINANCE OR RESOLU- TION SHALL BE READ AT THREE-SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR HAVING DECLARED THAT SUCH EMERGENCY AND NECESSITY EXIST, REQUESTING THAT SUCH CHARTER RULE BE SUSPENDED AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE 3 Y j DAY OF NOVEMBER, 71. ATTES d � o c CITY $EGRET v MAYOR THE CITY OF R US CHRISTI, TEXAS APPROVED: DAY OF NOVEMBER, 1971: '1®547 I=TY ATTORNEY `� THE STATE OF TEXAS COUNTY OF NUECES JE This contract and agreement this day made and entered into by and between the City of Corpus Christi, hereinafter called "City ", John 1I. Miller, Sr., & and John H. Miller, Jr. , herinafter called "Customer ", for the taking of water from the Nueces River and the reservoir impounding said water for the purpose of irrigating a tract of land situated in Live Oak County, Texas, on the following terms and conditions: I. Customer shall furnish all pumps, pipe, valves and equipment necessary for the withdrawal of water from the Nueces River and the reservoir impounding said water at the point,hereinafter designated and shall operate all of said equipment at his own risk and expense. II. Customer shall furnish a measuring device, subject to the apptoval of the Water Superintendent of the City of Corpus Christi, for the measurement of water take-. III. Customer shall take water at such intervals as are agreeable to the City of Corpus Christi on each occasion of taking. At least three (3) days notice shall be given to the City prior to the taking of any water, and in the event the City does not have sufficient reserves to have water available for sale for irrigation purposes and so notifies Customer, or person in control of the pumping facilities of Customer, then no water shalt be withdrawn until further notice by the City. IV. Water withdrawn shall be used for irrigation purposes only and then only for the purpose of irrigation of approximately 92.4 acres of land located in Live Oak County, Texas, more particularly described as follows: 46.2 acres out of the James McGloin Survey A -25, known as Share No. 3, formerly owned by Aubrey Gerald Peterson; and 46.2 acres out of the James McGloin Survey A -25, formerly owned by Ruth Peterson, which are located adjacent to Lake Corpus Christi V. Withdrawal shall not exceed two (2) acre feet per year. Each year shall consist of the period of 12 calenadar months, commencing with the date of this agreement and the anniversary of such date for each successive year. VI. This agreement shall be for a term beginning with the date of its execution and ending August 1 next following; but shall automatically be extended from year to year, ending August 1 of each year, unless terminated by one of the parties hereto by the giving of notice in writing .at least.30 days before the next termination date. Such automatic extension shall be effective from year to year but in no event shall the terms of this contract be extended beyond five (5) years from the date of this contract. 'VII. All water taken in any one calendar year shall be billed between the 1st and 10th of the next succeeding calendar month and payment shall be made at the office of the Water Division of the Department of Public Utilities of the City of Corpus Christi, in the City of Corpus Christi, Texas, within ten (10) days of the receipt of such bill. All water taken shall be at the regular rate established by the City Council for irrigation water, which at the present time is $0.03 per 1,000 Gallons, VIII. The City agrees to furnish water as requested by Customer if a surplus of water exists in the City water reservoir, surplus to the needs for supplying domestic, municipal and industrial uses regularly supplied by the City and for the supplying of contracts for raw water prior in time to this contract, and further provided that there is sufficient reserve supply of water in the lake to supply domestic, municipal and industrial needs of customers of the City, in the opinion of the Water Superintendent of the City for a sufficient period of time in the future as will assure no shortage in supply for domestic, municipal and industrial needs. IX. The City shall have no responsibility for pumps, pipes or any other equipment of the Customer, or be liable for any damages which may result from the condition of the water,'nor failure to permit the withdrawal of water when in the opinion of the Water Superintendent of the City of Corpus Christi an insufficient supply exists. X. A minimum charge is hereby made by the City of Corpus Christi of Five ($5.00) Dollars which shall be, owing on the first day of each month of the term of this agreement, whether any water is withdrawn or not. XI. The City shall have the right of ingress and egress to the premises of the Customer at all times as well as the right to examine all pumps and equipment of the Customer. XII. It is distinctly understood and agreed that Customer shall not deliver or sell water delivered to it hereunder to any other person, firm,corporation or municipality and that-all water withdrawn by Customer shall be solely for irrigation purposes on the lands herein described. XIII. This contract shall be non - assignable without the written consent of the City. This agreement is executed subject to the approval of the Texas Water Rights Commission and no withdrawals shall be made by Customer until such approval of withdrawals has been made. IN WITNESS WHEREOF, the parties hereto have caused these presents to be duly executed in triplicate, this the day of 197_. ATTEST: CITY OF CORPUS CHRISTI City Secretary APPROVED AS-TO LEGAL FORM THIS 7j/ DAY OF /U/&/ , / / 197/ . City, Attorney R. Marvin Townsend, City Manager I'CITY't ,-�� ICA 9V k CUSTOMER"' CORPUS CHRISTI, TEXAS DAY TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPEN- SION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE IT 15 INTRODUCED, AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL; I, THEREFORE, REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDI- NANCE FINALLY ON THE DATE IT IS INTRODUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. Y, a /I a THE CITY OF CORPSZ 71RISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: RONNIE SIZEMORE C�•Z,�(� CHARLES A. BONNIWELL ROBERTO BOSQUEZ REV. HAROLD T. BRANCH THOMAS V. GONZALES OLyXJ GABE LOZANO, SR. J.• HOWARD STARK ( ( CFA THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: RONN I E S I ZEMORE C`^7't•� CHARLES A. BONNIWELL ROBERTO BOSQUEZ REV. HAROLD T. BRANCH LCL�j THOMAS V. GONZALES GABE LOZANO, SR. J. HOWARD STARK f�t.� -•J.r/